TBM;
Sunfish QC now tells us that signed agreements are not enforceable! Mmmm that's interesting. Please give me the legal reason why and I'll run it by my QC niece for an opinion.
The next he'll tell us that Virgin must have signed "under duress"!
Remember the leaseholder of the airport is the landlord and controls the activities and issues approvals and invoices for the use thereof. Next time I need to get out of a an arrangement and you guarantee the outcome, I'll call you...
Actually I have considerable experience with such signed agreements. Ask your QC niece about clauses stating that you agree not to approach a court if there is a dispute about the agreement. The reaction from a judge to that is usually unprintable because
nobody can tell someone they cannot approach a court. Furthermore if it is a civil agreement it is not allowed to conflict with the law of the land.
I have signed multiple agreements stating things like “in the event of a dispute you must pay all our costs and we can behead your firstborn child yadda, yadda” but I’m sorry to say that only gullible idiots like you, think they are enforceable. I mentioned Clayton Utz because they used to be known for writing blood curdling agreements that were utterly unenforceable. Similarly there are employment agreements with clauses calling for you to lobotomize yourself on leaving or restraint of trade clauses. Some agreements are so one sided that they would be thrown out of court - one I was asked to inflict on staff was rejected by lawyers who said :” If you want to strengthen this, you must water it down”.
I have had advice from partners in Mallesons, Small claims commissioners and the public servants who even drafted some of the laws concerned. I’ ve been through this crap with BT Australia, Macquarie and various financiers. Professionals don’t play these stupid games.
’But wait; I’ve saved the best till last, TBM. Usually the last or second last clause of all agreements contains the words to the effect that: “ if any clause is found to be unenforceable in a court of law then that does not invalidate the remainder of the agreement”. In other words, acknowledging exactly what I just told you.
You stick to flying aircraft. You would do that better than this simple bug smasher smasher. I try not to comment on things I know SFA about, like IFR, jets, turbines and the like. You should too.